Frequently Asked Questions (FAQs)

Whether an Indian citizen partner is required for a foreigner or Foreign Company to start a business in India?

No, if a Foreign Company wants to start a business in India in the Form of a branch office or a liaison office or as a 100% subsidiary then it does not require an Indian partner in India. Such legal entities if started with the required permissions then they can legally repatriate the funds back to their country at any point of time. Only in the cases of Joint ventures Indian partner is required. In addition to that there are restrictions with regards to the permissibility of FDI in certain sectors. If it is a 100% automatic route, then approval of the Government to start the business is not necessary. In such automatic route cases paper work to be done through the dealer and to be approved by the Reserve Bank of India.

What is the Fee for First consultation?

We do not charge any fee for first consultation if the consultation is given over email or telephone. If the personal consultation is done then the fee will be on the basis of the time spent on the matter.

What are the languages the Firm is comfortable with?

The Firm normally uses English as the base language for communication. But the Firm has tied up with an internationally reputed translation Company to handle communications in other languages including French, Chinese, Spanish, Japanese, Korean and Arabic.

What is the experience of your Firm in serving International clients?

Our Firm and its partners have strong international exposure and hence the Firm ensures international standard of services always. The Firm and its partners have served various corporate and individual clients from about 32 countries. The Firm is fully equipped with modern communication facilities and well trained staff members to effectively serve the clients.

Whether the funds invested in India can be freely repatriated back from India at any point of time by the parent foreign Company?

If the business set up in India is made with the required approvals from Reserve Bank of India and respective Government departments, then the funds of the Indian venture of a Foreign Company can be repatriated at any point of time. But if the investment approvals require any lock in period, then those conditions will apply.

Are there any International Institutional Arbitration centres in India?

Yes, there are many Arbitration centres handling international arbitrations also. ICA (Indian Council of Arbitration) is one of the very reputed international arbitration centres in India.

What are the provisions governing International Arbitrations in India?

Indian Arbitration and Conciliation Act 1996 is the law which governs international Arbitration in India.

How effective is the Arbitration mechanism in India?

Indian Arbitration Act 1996 which was enacted in the lines of UNICIRAL Model law on Arbitration and hence Arbitration procedure in India is not in any way different from any of the developed countries. If an award is passed by an Arbitration tribunal, it is almost final because the Appeal provision as per S.34 of the above said Act allows only a few grounds on which the arbitration award can be challenged. Moreover many arbitration institutions in India have their own rules and regulations to make the arbitration transparent and speedy. Hence the Arbitration mechanism in India is fast and safe. In many cases the arbitration proceedings including the appeals concluded within 12 months time.

What are the special features of Branch office, Liaison/ Representative office and project office?

Branch office cannot do manufacturing activities here in India. But the profit earned through the permitted activities of the branch office, can be fully repatriated after payment of the taxes.

Liaison/ Representative Office cannot do any commercial activities except promoting the parent company and its activities.

Project office can earn profits which can be fully repatriated but only from the project for which approval was granted.

Can a Foreign Arbitration Award be executed in India?

If a Foreigner dies intestate, who domiciled to a foreign country, the law of the country to which he domiciled to will become the applicable law even though there are many properties in India.

But Indian authorities cannot act upon the court orders of a foreign country and hence it is necessary to get a Succession certificate on the basis of the probate of the will or partition or a court order making partition.

Normally as per Hindu law a will is a title document, if it is not objected to by any other party. Hence a person can claim all his rights on the basis of a will. But in the cases where "Indian succession Act" applies, succession certificate becomes necessary.

Can multiple petitioners have a single advocate in Supreme Court India?

Yes, a single lawyer can appear for multiple parties in the Supreme Court of India or in any other court, provided those parties do not have conflict of interest in the subject matter of the case.

If there is a Bank deposit lying in the Banks of India of a Foreigner who died intestate and domiciled to a foreign country, what is the procedure for the legal heirs to claim that amount?

The law applicable in these cases is the law of the country to which the deceased domiciled to. Hence sharing will be on the basis of that foreign law but succession certificate will be issued by the Indian Courts. The banks will honour the succession certificate issued by the Courts in India.

Can a Foreigner file an application for registration of a trade mark without any local address in India?

Yes, to get a Trade mark registered, there is no need of having a local address. Hence a Foreigner or a Foreign Company is fully entitled to get their trade mark registered in India without having a local office in India. If there are any objections or communications with regard to the trade mark application including the delivery of the registration certificate the address of the trade mark attorney will be the effective address.

If a Foreigner who has some property in India dies intestate or leaving a will which is probated in a foreign country, can the legal heirs directly transfer those properties into their names?

If a Foreigner dies intestate, who domiciled to a foreign country, the law of the country to which he domiciled to will become the applicable law even though there are many properties in India.

But Indian authorities cannot act upon the court orders of a foreign country and hence it is necessary to get a Succession certificate on the basis of the probate of the will or partition or a court order making partition.

Normally as per Hindu law a will is a title document, if it is not objected to by any other party. Hence a person can claim all his rights on the basis of a will. But in the cases where "Indian succession Act" applies, succession certificate becomes necessary.

How to directly approach Supreme Court?

An individual can directly approach the Supreme Court of India without seeking for a remedy in a lower Court or in a High Court, only when he is able to establish that one or more the fundamental rights guaranteed to that person under the Constitution of India is violated by the Government/State.

Can a petition be filed in Supreme Court against election commission of India?

Yes, an individual can directly approach the Supreme Court of India without seeking for a remedy in a lower Court or in a High Court, only when he is able to establish that one or more the fundamental rights guaranteed to that person under the Constitution of India is violated by the Government/State.

Can Central administrative Tribunal approach to Supreme Court in India?

The orders passed by CAT (Central administrative Tribunal) can be challenged in the High Court under Article 227 of the Constitution of India. After the High Court order if any party is aggrieved he can approach the Supreme Court of India under Article 136 of the Constitution of India by filing a Special Leave Petition.

Can foreign entities float their tender in India?

Yes, Any foreign Company can float a tender in India for the works to be executed outside India or for sub- contracting for the work to be executed in India in which they are the main contractors.

Can I appeal a divorce case in other state high court in India?

No, because the Family Courts are in the category of District Courts. Hence the orders of the family Courts or District courts either granting or rejecting the divorce can be Appealed to the respective High Court only.

In which case Supreme Court of India entertains an appeal?

Any High Court order can be challenged in the Supreme Court of India. In addition to that there are certain statutory appeals like order of the National Consumer Commission, Competition Appellate Tribunal etc.

Can succession certificate issued by other country be used in India?

Only the succession certificates issued by the Indian Courts are valid in India with respect to the movable or immovable properties situated in India. But it can be relied upon in the Court of India.

Is it good to file a caveat in Indian Supreme Court?

If any party is expecting the opposite party to file an appeal against a lower court judgment then a caveat can be filed in the Supreme Court. If any party files a caveat then that caveat is valid for 90 days and after that it has to be extended. If a party files a caveat it, will get the information from the Registry if the opposite party files any Appeal.

How long court takes to hear special leave petition?

Many short matters are decided in 3 months' time if it is a long matter it might take upto three years.

How to file SLP in supreme court of India?

You can approach some qualified Advocate on Record, who will assist you in filing the Special Leave Petition in the Supreme Court of India. Our Firm has advocates on Record, hence you can contact us also.

Can tribunal hear matter when slp is admitted by supreme court?

No, If the issue is same Tribunal can not hear.

How to make complain of provident fund in labor law?

Provident Fund Commissioner is the authority to whom an aggrieved labour can file a complaint regarding an employment provident fund issue. Every District has a EPF commissioner.

How to get probate certificate India?

You should file the Will in the Court having Jurisdiction and ask for a probate. But now will itself is a title document under the Hindu law hence probate is not necessary unless somebody questions the will.

Is awarding a tender an administrative function?

Yes, awarding a tender is an administrative function and not a judicial or non-judicial function. That is why the Government contracts are issued in the name of President of India.

How long will high court condone a delay in filing writ petition?

There is normally no limitation for filing a Writ Petition. But if you are challenging something hopelessly belated then Courts might not entertain the Writ Petition.

What is procedure to apply for succession certificate for immovable property in Indian law?

You need to approach some lawyer and he will guide you. Our Firm has advocates on Record, hence you can contact us too.

Why caveat cannot be filed for writ petitions?

Caveat in Supreme Court can be filed only on the basis of the numbers and date of the lower Court orders. Writ Petition is the first level of litigation and hence there may not be lower court orders and hence caveat cannot be filed.

Who can give surety for legal succession certificate?

Any citizen of India having some property in his name can give surety in a succession certificate.

Is registration of marriage compulsory for divorce in Hindu Law?

No need. Registration of marriage is not necessary to go for divorce proceedings in Hindu Marriage Law.

If an appeal is pending in an appellate authority, can a person file writ petition in supreme court of India?

No, two proceedings cannot be maintained on the same issue

Can an appellate court go against writ court India?

Yes, any order can be reversed by a Higher Court. Hence an order given by a Writ Court can be reversed by a Bench or by Supreme Court in an Appeal or a SLP.

If some of the legal heirs are living in foreign countries, do they require attending court hearings in India and is there any procedural difficulty in repatriation of funds to their respective countries?

No, all the legal heirs need not appear in the Court in person but Court will require all the Petitioners to be present in the Court at least once to check their identities. The lead petitioner of the case must depose in the Court.

No, The Banks will automatically transfer the funds to the Bank accounts of the foreigner beneficiaries on receipt of the Court order and the other paper work. No need for any permission from reserve Bank of India.

Can appeal be filed after SLP before Supreme Court?

Against an order of the Supreme Court a review petition can be filed. Review application will be decided by circulation and be decided by the same Bench. After a review order a curative petition can be filed if a mistake or error is there in the review order. There is no regular appeal against an order in a SLP.

How much time Supreme Court takes to complete the litigation, from the date of filing of case?

Normally from the date of filing Supreme Court hears the case for admission in about 15 days. If the case gets admitted the 2nd hearing takes place after about 3 months. In this three months' time the opposite parties need to be served. Many cases are disposed off in the 2nd or third hearing. If the Court feels that the case requires detailed consideration then it might grant leave in that case. Leave granted matters, as per the current situation are listed for final hearing after 3 years.

Thank You For Submitting Your Query. We will get back to you shortly.

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